Legal Statement of Website Use
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Below are the terms and conditions on the information on the Waterwheel Factory's website. We really want you to be able to use this site.
Just ASK FOR PERMISSION first
------------------------- The following Website Terms and Conditions Agreement (the "Agreement") governs your use of the WATERWHEEL FACTORY's Website.
1. Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface,
and other content provided on the website are owned by the WATERWHEEL FACTORY,
Inc., as applicable to the full extent provided under the United States Copyright
laws and all international copyright laws. Under applicable copyright laws,
you are prohibited from copying, reproducing, modifying, distributing, displaying,
performing or transmitting any of the contents. The information contained
in references herein are for informational purposes only. Any reproduction,
copying, or redistribution for commercial purposes of any materials or design
elements is strictly prohibited, without the prior written consent of the
WATERWHEEL FACTORY. Systematic retrieval of data or other content from this
website to create or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from the WATERWHEEL FACTORY
is prohibited.
2. Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product
packaging and designs of all the WATERWHEEL FACTORY or third-party products
or services, whether or not appearing in large print or with the trademark
symbol, belong exclusively to the WATERWHEEL FACTORY, as applicable, or their
respective owners, and are protected from reproduction, imitation, dilution
or confusing or misleading uses under national and international trademark
and copyright laws, as applicable. The use or misuse of these trademarks or
any materials, except as permitted herein, is expressly prohibited and nothing
stated or implied on this site confers on you any license or right under any
patent, copyright or trademark of the WATERWHEEL FACTORY or any third party.
3. Links
This site may contain links to other Internet sites. These links are not under
the control of the WATERWHEEL FACTORY, and the WATERWHEEL FACTORY is not responsible
for the contents of the Linked Site. The inclusion of any such Links is not
an endorsement by WATERWHEEL FACTORY in favor of any company offering, products
or services. Other sites may link without prior permission to the home page
of the WATERWHEEL FACTORY site only through a plain-text link. Permission
must otherwise be granted by us for any other type of link. Notwithstanding
anything to the contrary contained in this Agreement, we reserve the right
to deny or rescind permission to link to any Website, and to require termination
of any link, for any reason in our sole and absolute discretion.
4. Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post,
communicate or store information or other material on, to or through this
site that:
(a) is copyrighted,
(b) reveals trade secrets, unless you own them, or you are the valid licensee
to such materials and you have the right to grant the WATERWHEEL FACTORY the
rights and licenses set forth in this Agreement;
(c) infringes on any other intellectual property rights of others or on the
privacy or publicity rights of others;
(d) is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous
or embarrassing to any other person or entity or in violation of applicable
law as determined by the WATERWHEEL FACTORY in their sole discretion;
(e) is sexually-explicit;
(f) constitutes advertisements or solicitations of business, surveys, contests,
chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer
programming routines or engines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or information.
(h) take any action that imposes an unreasonable or disproportionately large
load on the Service's infrastructure;
(i) use any device, software or routine to interfere or attempt to interfere
with the proper working of the Service or any activity being conducted on
this site;
(j) use or attempt to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots, avatar's
or intelligent agents) to navigate or search the Service to harvest or otherwise
collect information from the Service to be used for any commercial purpose;
You further agree not to violate or attempt to violate the security
of the Service, including, without limitation:
(a) accessing data not intended for you or logging into a server or account
that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization;
(c) attempting to interfere with service to any user, host or network, including,
without limitation, by way of submitting a virus to, or overloading, "flooding",
"spamming", "mailbombing" or "crashing", the
Service;
(d) sending unsolicited e-mail, including promotions and/or advertising of
products or services; or
(e) forging any TCP/IP packet header or any part of the header information
in any e-mail or posting. Violations of system or network security may result
in civil or criminal liability.
5. Limitation of Liability
IN NO EVENT WILL THE WATERWHEEL FACTORY OR THEIR AFFILIATES, OR ANY PARTY
INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY WEBSITE
LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT
OF YOUR ACCESS, USE OR INABILITY TO USE THIS SERVICE OR ANY SITE LINKED TO
THIS SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR
LINE OR SYSTEM FAILURE. IN NO EVENT SHALL THE WATERWHEEL FACTORY OR THEIR
AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER
OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER
CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION,
TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION
OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF WATERWHEEL
FACTORY OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR LOSSES. IN NO EVENT SHALL WATERWHEEL FACTORY's TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED
ONE DOLLAR ($1.00).
6. Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws
of the State of North Carolina, excluding its conflict of law rules. You expressly
consent and agree to submit to the exclusive jurisdiction and venue of the
United States District Court for the Western District of North Carolina or,
for matters not susceptible of adjudication in the federal courts, the courts
of the State of North Carolina in Macon County, in all disputes arising out
of or relating to the use of this Service.
7. United States Jurisdiction
The Service is operated in the United States of America. We do not represent
that content or materials presented on the Service are appropriate or available
for use in other locations. If you access the Service from a jurisdiction
other than the United States, you agree that you do so on your own initiative,
and are responsible for compliance with local laws, if and to the extent local
laws are applicable to your use of the Service.
8. Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement
between you and WATERWHEEL FACTORY and governs your use of this Service, superseding
any prior or contemporaneous communications and proposals (whether oral, written
or electronic) between you and WATERWHEEL FACTORY. If any portion of this
Agreement is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intention of the parties, and the remaining portions shall remain
in full force and effect. This agreement may be modified only by our posting
on the Service changes to this Agreement, or by a subsequent writing signed
by WATERWHEEL FACTORY.
9. No Waiver
The failure of WATERWHEEL FACTORY to enforce any provisions of this Agreement
or respond to a breach by you or shall not in any way waive its right to enforce
subsequently any terms or conditions of this Agreement or to act with respect
to similar breaches.
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Robert Vitale
vitale@waterwheelfactory.com